48 C.F.R. PART 807—ACQUISITION PLANNING
Title 48 - Federal Acquisition Regulations System
Authority: 38 U.S.C. 501; 40 U.S.C. 486(c).
Source: 53 FR 43210, Oct. 26, 1988, unless otherwise noted.
This subpart prescribes basic procedures and principles to be followed in performing the contracting aspect of the OMB Circular A–76 cost comparison process. The date established for bid opening or receipt of proposals will normally be 90 days after sending the request for publication to the Commerce Business Daily (CBD) (65 days after issuing the solicitation). Bid acceptance shall be 90 days from bid opening/receipt of proposals in order to accommodate the time necessary to evaluate bids/offers, finalize the cost comparison and process any appeals. Contracting officers will insert “90 days” in FAR clause 52.214–15. (a) A transition from in-house performance to contract requires a period of time from contract award to beginning of contract performance (contract effective date). This time is necessary to allow for personnel adjustments, e.g., right of first refusal process, and to allow a reasonable period for the contractor to make necessary resource reallocations. The contract effective date should be carefully considered in conjunction with the A–76 Task Group and must be specified in the solicitation. (b) Although outplacement planning to minimize the effect of any necessary reduction in force should be initiated in advace of bid opening/receipt of proposals as prescribed by Office of Personnel and Labor Relations, there are also employee and labor organization reduction-in-force notice requirements which must be satisfied. (c) When bargaining unit employees will be affected, facility officials also should review and comply with any employee or labor organization notice requirements in applicable negotiated agreements. (a) In addition to the Right of First Refusal clause specified in FAR 52.207–3, the contracting officer will include the clause “Report of Employment Under Commercial Activities” in 852.207–70. This clause is primarily intended to verify that the contractor is meeting its obligation to provide adversely affected Federal workers the first opportunity for employment openings, for which they qualify, created by the contract. (b) The Report of Employment Under Commercial Activities clause is also prescribed to avoid inappropriate severance payment. In order to implement the clause, the contracting officer (or Contracting Officer's Technical Representative (COTR)) must first obtain a list from the servicing personnel office of Federal employees, including their Social Security numbers, who will be adversely affected as a result of the anticipated contract. The list should be requested as soon as a preliminary determination is made to contract out a function subject to A–76. (Contracting officers may designate a COTR to coordinate the information and reporting requirements.)
Title 48: Federal Acquisition Regulations System
PART 807—ACQUISITION PLANNING
Section Contents
807.300 Scope of subpart.
807.304 Procedures.
807.304-73 Bid opening/receipt of proposals.
807.304-75 Bid acceptance.
807.304-76 Contract effective date.
807.304-77 Right of first refusal.
Subpart 807.3—Contractor Versus Government Performance
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807.300 Scope of subpart.
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807.304 Procedures.
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807.304-73 Bid opening/receipt of proposals.
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807.304-75 Bid acceptance.
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807.304-76 Contract effective date.
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807.304-77 Right of first refusal.
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